Member (Account Deleted)
02 December 2009 at 22:56
HINDU SUCCESSION (AMENDMENT) ACT 2005
"On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son"
Please any one can explain me about "coparcenary property" as per the above law in respect to women's rights over property. Is that women has to be 4th generation (That is property should pass from her great grand father). Otherwise her father can dispose to any one of his choice as per self acquired nature. Thanks.
Member (Account Deleted)
02 December 2009 at 21:41
Donee not signed gift deed. It is void or not?
My grandfather made registered gift deed of agriculture land of 10 guntas in the year 1974-75 in favour of my mother & her sister.
At the time of registration her sister not signed gift deed. My mother alone signed the gift deed. But in writing section of the gift deed both of my mother and her sister names mentioned.
From 1974 all revenue records are in my mother name alone and my mother in the possession of full extent of 10 guntas.
My questions are,
1. As my mother sister not signed in the gift deed even her name mentioned jointly with my mother in writing section of the gift deed and original gift deed with my mother. At that time of gift deed registration she not interested in that property. Is that she not accepted gift?
2. From past 35 years my mother alone in the possession.
3. Now my mother sister asking her share. Is that her claim is valid?. Please clarify. Thanks
Member (Account Deleted)
02 December 2009 at 20:33
5 acres of agriculture land in my grand father name (Self acquired) in Bangalore.
There were 4 sons divided this property along with my grand father of equal share of 1 acre each (5 shares) through panchayithi palupatti (Unregistered partition deed) in the year 1985. Each are in the possession of their respective shares. But no mutations were transferred. Property still in my grand father name.
Because of unregistered partition deed, revenue officials not transfering khatas in favour of sons as one of my uncle filed objection notice to revenue department not to transfer khatas.
My uncle objection claims as follows;
1. My grand father made a registered will in favour of grandson (Son of my uncle, who is opposing khata transfer) in the year 1994.
2. Because of that he (my uncle) is not signing for khata transfer as my uncle sign is essential because of unregistered partition deed.
Dear sir, we got the registered will deed through taluk office and noticed some of the things as follows:
1. My grand father in that registered will clearly mentioned that, He given shares to all four sons as per partition deed which took place in the year 1985, accordingly everyone in their respective share positions. These words clearly written in the will.
2. He clearly telling in that registered will, he (my grand father) is going to give his share only got through unregistered partition deed took place in the year 1985 (as per that deed his share is only 1 acre).
3. But while writing in schedule property section of the will. He is mentioned 2 acres of his share he got through partition deed of 1985 (but his share is only one acre)
4. As per partition deed his share boundary (chekkubandhi) different from what he is writiing in the registered will. (This means as per partition deed his share in 3rd place from east, but in registered will he is mentioning 1st share from east, so mismatch of boundaries).
5. The witteness for the will his my uncle only (my uncle signed as a witness, father of will beneficiary).
6. Grandson filed probate case in taluk office (senior division in Anekal). But case was rejected based on... such probate cases not come in the jurisidiction of that court. Again their lawyer challenged in REVIEW PETITION that court has the power to give probate judgement in same court. presently this case is running.
Dear sir please advice me what will be the case position, as my grandfather in his registered will clearly telling, he is going to give his share only he got through partition deed of year 1985. But in schedule property section of the will what he is writiing mismatches with extent, chekkubandi, etc of the partition deed what he is mentioning in the same will. Presently probate case running in court.
Govind Dayama
02 December 2009 at 19:39
Sorry Friends, I am again posting the same question that I have posted in Forum at this site.
We have intended to obtain loan on Mortgage by deposit of title deeds (Equitable Mortgage) from our Bankers. The immovable property is situated at a village in Maharashtra. We seek your legal advise on the following points: -
01. Whether the Mortgage by deposit of title deeds attracts stamp duty?
02. Whether registration of the Mortgage by deposit of title deeds is mandatory?
03. Can we execute Mortgage by deposit of title deeds of immovable properties of Maharashtra at another location i.e. Delhi / Ahmedabad ? (Our and Bankers offices situated on both places).
SANDEEP
02 December 2009 at 17:23
A & B ARE HUSBAND AND WIFE. IN 1979 ( DELHI) ONE PROPERTY IS PURCHASED. IRREVOCABLE GPA IN FAVUR OF A AND REGISTERED WILL , RECEIPT, AVIDAVIT IN FAVOUR OF B. B WAS HOUSE WIFE. 1,2,3, AND 4 CHILDREN OF A &B. 1 @ 4 DAUGHTERS AND 2 & 3 SONS. A LIVE SEPERATELY SINCE 1995 GIVING MANINTENCNE TO B BUT NO JUDICAL SEPERATION WAS DONE. A DIED IN 1999. B ALONGIWTH 4 WANT TO SELL THE PROPERTY AFTER GIVING 30% SHARE TO 2. 1 IS MARRIED. B ASK 3 TO LEAVE THE HOUSE AFTER GIVING LEGAL NOTICE HENCE 3 LEFT THE HOUSE 1 YR BEFORE. Registered will, receipt & affidavit was made by the seller of the property to the purchaser (b).
IS THERE ANY REMEDIES FOR 1,2 AND 3. WHETHER THEY FILE SUIT FOR POSSESSION OR PARTITION.
ANY LATEST CASE MAY BE INTIMATED FOR HELP
THANKS AND REGARDS.
Chandrahas
02 December 2009 at 17:18
Hi Sir
I HAVE 1 BROTHER AND 3 SISTER MY Q ARE MY PARENTS ARE DEATH, THEIR THEY ARE NOT MADE ANY WILL, AND MY ALL SISTER ARE MARRIED SO HOW SHOULD PERCENTAGE I GET AFTER DIVIDETION
Anonymous
02 December 2009 at 16:53
Dear Sirs, In a decree against JD,can EPF and PPF be attached on withdrawl after retirement ? Can Gratuity of an Employee be attached. Kindly enlighten with provisions of law. Thanks Suresh
Hasina Sayyed
02 December 2009 at 14:41
MUSLIM PERSONAL LAW applicable to inheritance of agricultural land which is inherited by the owner of land?
Hasina Sayyed
02 December 2009 at 14:37
I m Musilm. Query is whether property inherited by my grandfather can be transfered to my father by muslim law?
Or according to wish of my grandfather it could be given to any of his child & not equally to all his child?
Please let me know is MUSLIM PERSONAL LAW APPLICABLE TO agricultural land transfer by will?
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Regarding suit property
A person has filed a suit for permanent injunction and accordingly the Hon'ble court restrained the defendants from evicting or dispossessing the plaintiff from one of the floor without following due process of law. The defendants are further directed not to sale, transfer, assign and create third party interest in the suit property. Please clarify the following querries:-
1. What is the exact meaning of suit property ?
2. Whether the above said order is applicable for entire house or the particular floor which is under the possession of the plaintiff.